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CC 11-01-2022 Agenda1 IN-PERSON AND TELECONFERENCE MEETING For more information: (408)777-3200 │ www.cupertino.org AGENDA OF THE CUPERTINO CITY COUNCIL Tuesday, November 1, 2022 Televised Regular City Council Meeting (6:45) CITY COUNCIL DARCY PAUL, MAYOR LIANG CHAO, VICE MAYOR KITTY MOORE, COUNCILMEMBER HUNG WEI, COUNCILMEMBER JON ROBERT WILLEY, COUNCILMEMBER CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues. The proceedings of the meeting are recorded, therefore members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. FLOWCHART FOR HEARING ITEMS: Mayor introduces agenda item Councilmembers report any site visits or outside communications. Staff reports and makes recommendation Applicant or Appellant makes presentation (up to 10 mins.) Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. Mayor invites members of the public to speak about the agenda item For appeals of approvals, the applicant may respond to appellants presentation. City Council votes on the agenda item Council holds initial discussions and/or a Councilmember makes a motion and obtains a second. The City Council then discusses and deliberates on the motion(s) and votes. Mayor closes the hearing Councilmembers ask questions. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. The law requires certain actions taken in closed session to be reported in open session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi‐judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to www.http://www.cupertino.org/index.as px?page=125 for a reconsideration petition form. Mayor Invites applicant/appellant to repond to public CITY OF CUPERTINO CITY COUNCIL AGENDA 10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, November 1, 2022 6:45 PM Televised Regular City Council Meeting (6:45) IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino Community Hall. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments . 2) E-mail comments by 4:30 p.m. on Tuesday, November 1 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk’s office before the meeting and posted to the City’s website after the meeting. 3) E-mail comments during the times for public comment during the meeting to the City Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to three minutes (subject to the Mayor ’s discretion to shorten time for public comments). Members of the public that wish to share a document must email cityclerk@cupertino.org prior to speaking. Members of the public may provide oral public comments during the meeting as follows : Page 1 City Council Agenda November 1, 2022 Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item. Teleconferencing Instructions To address the City Council, click on the link below to register in advance and access the meeting: Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN___juQHeHS-et8-x-wxY07Q Phone Dial: 669-900-6833 and enter Webinar ID: 966 6002 1553 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number. Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) 162.255.36.11 (US East) Meeting ID: 966 6002 1553 SIP: 96660021553@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer . 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or, Page 2 City Council Agenda November 1, 2022 if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic . In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the Council meeting to arrange for assistance . In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1.Subject: Consider a proclamation recognizing November as Lung Cancer Awareness Month Recommended Action: Present proclamation recognizing November as Lung Cancer Awareness Month A - Proclamation 2.Subject: Consider a proclamation recognizing November as National Native American Heritage Month Recommended Action: Present proclamation recognizing November as National Native American Heritage Month A - Proclamation 3.Subject: Consider veterans appreciation proclamation honoring veterans and military families Recommended Action: Present veterans appreciation proclamation honoring veterans and military families A - Proclamation RECESS - 15 Minutes POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS Page 3 City Council Agenda November 1, 2022 This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment . REPORTS BY COUNCIL AND STAFF 4.Subject: Brief reports on councilmember activities and brief announcements Recommended Action: Receive brief reports on councilmember activities and brief announcements 5.Subject: Report on Committee assignments Recommended Action: Report on Committee assignments 6.Subject: Report on Subcommittee assignments Recommended Action: Report on Subcommittee assignments 7.Subject: City Manager update Recommended Action: Receive City Manager update on City business 8.Subject: City Manager's Office - City Work Program Update Recommended Action: Receive update regarding the City Work Program CONSENT CALENDAR (Items 9-13) Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 9.Subject: Consider approval of the October 18 City Council minutes Recommended Action: Approve the October 18 City Council minutes A - Draft Minutes 10.Subject: Consider adopting a resolution authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period November 1, 2022 through December 1, 2022 pursuant to the Brown Act, as amended by AB 361 Page 4 City Council Agenda November 1, 2022 Recommended Action: Adopt Resolution No 22-132 authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period November 1, 2022 through December 1, 2022 pursuant to the Brown Act, as amended by AB 361 Staff Report A - Draft Resolution B – Adopted Resolution No. 22-121 C – Health Officer Recommendation Regarding Public Governmental Meetings 11.Subject: Consider approval of the Electric Vehicle Parking Expansion Request for Proposals (RFP) Recommended Action: 1. Approve a purchasing exemption per Cupertino Municipal Code (CMC) Section 3.22.060(B) waiving the formal competitive bidding process; and 2. Approve the Electric Vehicle Parking Expansion RFP to provide electric vehicle charging stations at six City of Cupertino properties Staff Report A - Draft Request for Proposal B - Draft License Agreement 12.Subject: Consider authorizing the City Manager to execute a Cost Share Agreement with the City of Saratoga for pavement sealing on Prospect Road between De Anza Boulevard and Stelling Road Recommended Action: Authorize the City Manager to execute a Cost Share Agreement with the City of Saratoga for pavement sealing on Prospect Road between De Anza Boulevard and Stelling Road Staff Report A - Draft Cost Share Agreement 13.Subject: Amend two existing contracts awarded to both West Coast Code Consultants, Inc. and Independent Code Consultants, Inc. to provide On-Call Professional Plan Review Services as needed. Recommended Action: 1.Amend the existing $80,000 contract awarded to West Coast Code Consultants, Inc. and increasing the amount by $250,000 for a total contract amount of $330,000 2.Amend the existing $175,000 contract awarded to Independent Code Consultants, Inc. and increasing the amount by $250,000 for a total contract amount of $425,000 Staff Report A - 1st Amendment to Plan Review Services Contract - WC3_signed contract B – 1st Amendment to Plan Review Services Contract – ICCI_signed contract SECOND READING OF ORDINANCES Page 5 City Council Agenda November 1, 2022 14.Subject: Amendment to Title 16, Buildings and Construction, of the Cupertino Municipal Code adopting the California Buildings Standards Code and Fire Code as mandated by the State of California and making local exceptions to those standards as warranted. Recommended Action: 1. Conduct the second reading and enact Ordinance No . 22-2245 “An Ordinance of the City Council of the City of Cupertino Amending Chapters 16.02, 16.04, 16.06, 16.16, 16.20, 16.24, 16.28, 16.32, 16.40, 16.42, 16.54, 16.58, 16.62, 16.64, and 16.68 of Title 16 of the Cupertino Municipal Code adopting the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Historical Building Code, Fire, Existing Building Code, Green Building Standards Code, Referenced Standards Code, Uniform Housing Code, and Property Maintenance Code with certain exceptions, deletions, modifications, additions and amendments ”; 2. Find the project is exempt from CEQA pursuant to 14 California Code of Regulations Sections 15061(b)(3) and 15308. Presenter: Sean Hatch, Deputy Building Official Staff Report A - October 18 Staff Report and Draft Ordinance PUBLIC HEARINGS- None ORDINANCES AND ACTION ITEMS 15.Subject: Consider an ordinance to implement state legislation (Senate Bill 9), that provides for ministerial approval of up to two units and/or a lot split in a residential single-family zone Recommended Action: That the City Council: 1. Find the proposed actions exempt from CEQA; and 2. Conduct the first reading of Ordinance No. 22-2246: "An Ordinance of the City Council of the City of Cupertino amending chapters 18.20.170, 19.08.030, 19.12.030, 19.12.110, 19.28.040, 19.28.050, 19.28.110, 19.28.150, 19.28.170, 19.40.050, 19.40.060, 19.40.090, and 19.112.060 to adopt standards for ministerial approval of duplexes and lot splits in Single-Family Residential zoning districts." Presenter: Emi Sugiyama, Assistant Planner and Piu Ghosh, Planning Manager Staff Report A - Draft Regular Ordinance (with PC Changes) B - Senate Bill 9 Text C - Interim Ordinance No. 21-2235 D - Changes from Interim Ordinance E - Grade Change Public Comment F - Polling Results 16.Subject: FY 22-23 City Work Program item: Student Internship Program Page 6 City Council Agenda November 1, 2022 Recommended Action: Direct staff to: 1.Proceed with developing the Student Internship Program by incorporating criteria from the 2022 summer intern pilot program and the existing Volunteer Intern Policy (Attachment A); and 2.Approve the formation of a Council Subcommittee and appoint two Councilmembers to guide the final candidate selection process Staff Report A - Volunteer Intern Process Policy 17.Subject: Consider approval of formation of Council Subcommittee on the Legislative Aide interview process; selection of Councilmembers to serve on Subcommittee Recommended Action: 1.Approve the formation of a Council Subcommittee to work with City staff on the Legislative Aide interview process; and 2.Appoint two Councilmembers to serve on the Legislative Aide Subcommittee; consider Councilmembers Moore and Wei for Subcommittee membership Staff Report ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk ’s Office at 10300 Torre Avenue, Cupertino, CA 94107; telephone (408) 777-3223; email cityclerk@cupertino.org; and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form. Page 7 City Council Agenda November 1, 2022 In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 8 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five‐member City Council with the Mayor as the presiding officer. City Council members are elected at‐large to four‐year, overlapping terms. Each November a mayor and a vice‐mayor are selected by the City Council for a one‐ year term. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: ∙ Association of Bay Area Governments ∙ League of California Cities ∙ Santa Clara County (SCC)Cities Association ∙ SCC Emergency Preparedness Council ∙ SCC Library District ∙ SCC Emergency Preparedness Commission ∙ Santa Clara Valley Water Commission and Water District ∙ SCC Transportation Authoritym ∙ West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a “first reading." At a subsequent Council meeting, there will be a “second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi‐judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form.   COMMUNICATING WITH COUNCIL (408) 777‐3195 (408) 777‐3192 (408) 777‐1398 (408) 777‐3139 (408) 777‐3193 (408)777‐3212 All Council members: Darcy Paul Liang Chao Kitty Moore Hung Wei Jon Robert Willey      Executive Assistant     City Hall citycouncil@cupertino.org DPaul@cupertino.org       LiangChao@cupertino.org         Kmoore@cupertino.org    HWei@cupertino.org    JWilley@cupertino.org       Debran@cupertino.org       www.cupertino.org (408) 777‐CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not  provide enough time to give the materials fair evaluation.  If  you must provide written materials on the day of the  meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e‐notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel  broadcasts City Council and Planning Commission meetings , as well as agenda previews, public  service announcements, and other programs of community interest, on Channel 26 in Cupertino.   The meetings  are shown at these times: Tuesday    (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday  (replay)      7:00 p.m. Saturday   (replay)    9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org.   Select  "I Want  To, View City Council meetings".   News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into  Radio Cupertino, 1670 AM, for  meeting announcements, public service messages,and emergency  announcements. USEFUL TELEPHONE NUMBERS City of Cupertino  (City Hall) General Information  and Comments (408) 777‐CITY Fire (Emergency) Santa Clara County Fire Dept.  dispatch    911 Fire (Non‐Emergency ) Santa Clara County Fire Dept.(408)378‐4010 Garbage        Recology South Bay (408) 725‐4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1‐800‐743‐5000 Recreation & Community Quinlan Community Center (408) 777‐3120 Services Police (Emergency)Santa Clara County Sheriff  dispatch 911 Police (Non‐Emergency) Santa Clara County Sheriff (408) 868‐6600 Public Health         Santa Clara County Public Health (408) 732‐3720 Sanitary Sewers       Cupertino Sanitary District        (408) 253‐7071 Water San Jose Water       (408) 279‐7900 California Water       (650) 917‐0152